Professional Documents
Culture Documents
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
Invites
RfP No:
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19
Issued by
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing,
Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734
Fax: +91-612-2505572
Email: breda@breda.in
[Status] Page I of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
Table Of Contents
C. INTERPRETATION .......................................................................................................... XI
ANNEXURE I ......................................................................................................................... 51
ANNEXURE II ........................................................................................................................ 52
ANNEXURE III....................................................................................................................... 54
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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
DISCLAIMER:
1. Though adequate care has been taken while preparing the RFP document (inclusive
of Formats and Annexures), the Bidder shall satisfy themselves that the document is
complete in all respects. Intimation of any discrepancy shall be given to this office
immediately. If no intimation is received from prospective Bidder on or before pre-bid
meeting date, it shall be considered that the RFP document is complete in all
respects and has been received by the Bidder. Bidder shall be responsible to read all
clauses in conjunction with PPA (Part of RFP, in the form of Annexure).
2. Nodal Agency reserves the right to modify, amend or supplement RFP documents
including all formats and annexure at any time before Bid submission date. Interested
Bidders are advised to follow and keep track of Nodal Agency’s web-site for updated
information. Nodal Agency is not obligated to send/ communicate separate
notifications for such notices/ amendments/ clarification etc. in the print media or
individually. Nodal Agency shall not be responsible and accountable for any
consequences to any party.
3. While this RFP has been prepared in good faith, neither Nodal Agency nor their
employees or advisors make any representation or warranty, expressed or implied,
or accept any responsibility or liability, whatsoever, in respect of any statement or
omissions herein, or the accuracy, completeness or reliability of information and shall
incur no liability under any law, statute, rules or regulations as to the accuracy,
reliability or completeness of this RFP, even if any loss or damage is caused by any
act or omission on their part.
4. The capitalized term or any other terms used in this RFP, unless as defined in RFP
or repugnant to the context, shall have the same meaning as assigned to them by the
Electricity Act, 2003 or Company Act, 1956/2013 or Indian Partnership Act, 1932 or
Limited Liability Partnership Act, 2008 or Income Tax Act, 1961 and the rules or
regulations framed under these Acts.
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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
A. BID DESCRIPTION
Document Description Request for Proposal (RfP) for Selection of Bidders for
Implementation of Grid Connected Rooftop Systems
under RESCO Model aggregating to about 10 MWp at
various locations in the state of Bihar
RFP No. BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19
RFP Purchase Date Up to 08.04.2019 at 12:00 Hrs.
(ONLINE only)
Broad Scope Design, Engineering, Supply, Installation, Testing and
Commissioning along with Comprehensive Operation &
Maintenance (for twenty five (25) Operational Years of
Grid Connected Roof Top Solar PV Projects for Sale of
Solar Power aggregating to capacity of about 10 MWp
under RESCO Model at various locations in the state of
Bihar.
Pre-bid Meeting A pre-bid meeting will be held on 25.03.2019 at 11.00
Hrs at Bihar Renewable Energy Development Agency,
2nd Floor, “Vidyut Bhawan”, Building-II, South Wing,
Bailey Road, Patna – 800001. Interested Bidder may
send their representatives to attend the same.
Last date & Time of 08.04.2019 up to 23:30 Hrs
Submission of Bid submission
(ONLINE only)
Last date & Time of 09.04.2019 at 14:00 Hrs
Submission of Technical bid
(HARD copies)
Bid Opening (Technical) 09.04.2019 at 15:30 Hrs
Bid Opening (Financial) To be informed later after technically qualified bidder
(For any modification in Date, time and venue for
Financial Bid opening shall be updated on our website.
Bidders are advised to keep tracking of the same).
Bid Processing Fee (non- Non-Refundable INR 50,000.00 to be paid through
refundable) (Demand Draft (DD) in favor of “Bihar Renewable
Energy Development Agency" payable at Patna. (Bank
details: - A/c No. - 50091813870, Allahabad Bank,
Patna Main Branch, IFSC CODE: -ALLA0210003).
Separate Tender processing fee of Rs. 1180/- to be paid
through online mode i.e. internet payment gateway
(Debit/credit card, Net banking, NEFT, RTGS).
No exemption towards processing fees or E-tendering
fees is allowed to any type of organizations/ agencies
including MSMEs or any Govt. / semi Govt. / PSUs.
Bid Security Interested Bidder shall furnish Bid Security of required
amount for each Project Group for which Bidder is
placing Bid. Bidders placing Bid for more than one
Project Group could furnish single Bid Security of value
equivalent to the sum of the of Bid Securities required for
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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
[Status] Page VI of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
37. “Operational The First Operational Year and thereafter each period of 12
Year(s)” (twelve) Months till the Expiry Date of PPA. It is pertinent
that, last Operational Year would get shortened by number
of months by which Commissioning of Project got delayed
from the SCOD;
38. “Part shall mean the Commissioning of capacity lower than the
Commissioning” PPA capacity for the purpose of receiving the
Commissioning certificate for part capacity;
39. “Paid-up share means the paid up share capital as defined in Section 2 of
capital” the Company Act, 2013.
40. “Performance shall mean tests as defined in Clause 19 which establish
Test” successful installation and working of equipment at desired
level as per the requirement of issuing authority;
41. “Power Producer” shall mean anyone who has accepted the LICA then, enters
into a PPA with the Procurer for supply of solar power and
has legal ownership of all the equipment of the Project. After
Expiry Date of PPA, ownership of Project will be transferred
to Procurer as provided in the PPA;
43. “Power Purchase shall mean the Power Purchase Agreement to be executed
Agreement” or between Power Producer and the Procurer. The prescribed
“PPA” format for execution of PPA is attached as Annexure III to
this RFP;
44. “PPA Capacity” shall mean the capacity undertaken by the Power Producer
for implementation of grid connected roof top solar PV
Projects for sale of solar power to Procurer after
undertaking a technical analysis of the likely capacity under
the RFP;
45. “Premise” shall mean any land, building or structure or part thereof or
combination thereof including any other vacant /non vacant
area which is part of the Procurer establishment;
46. “Procurer(s)” shall mean the person or company or organization procuring
solar power from the Power Producer at competitively
determined tariff under the RFP and the PPA;
47. “Project(s)” shall mean the Grid Connected Solar PV Project(s);
48. “Project means the capacity of the Projects mentioned in the
Capacity” Agreement. The Project capacity specified is on “DC” Side
only;
49. “Project shall mean a group of Project(s) as per Clause 2.2 of this
Group(s)” RFP;
50. “Project shall mean Company incorporated by the Bidder as per
Company” Indian Laws in accordance with Clause 8;
51. “Prudent Utility shall mean the practices, methods and standards that are
Practices” generally accepted nationally from time to time by electric
utilities for the purpose of ensuring the safe, efficient and
economic design, construction, commissioning, operation
and maintenance of power generation equipment of the type
specified in this RFP, as per requirements of Indian Law;
52. “Qualified shall mean, for given scope of work, the Eligible Bidder
Bidder(s)” having quoted minimum Financial Bid in a Project Group or
Eligible Bidder matching minimum Financial Bid in a Project
Group;
53. “RESCO” shall mean a person or an entity, which is in the business of
supplying power generated through Project installed in the
Premise of the Procurer on mutually agreed terms;
54. “RESCO Model” shall mean where the Bidders intend to use a Premise
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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
[Status] Page X of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in
C. Interpretation
1. Words comprising the singular shall include the plural & vice versa
2. An applicable law shall be construed as reference to such applicable law including its
amendments or re-enactments from time to time.
3. A time of day shall save as otherwise provided in any agreement or document be
construed as a reference to Indian Standard Time.
4. Different parts of this contract are to be taken as mutually explanatory and
supplementary to each other and, if there is any differentiation between or among the
parts of this contract, they shall be interpreted in a harmonious manner so as to give
effect to each part.
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Bihar Renewable Energy Development Agency BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19
Request for Proposal (RfP)
SECTION I. INTRODUCTION
1. Introduction
1.1. Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems under RESCO Model for aggregated capacity of about 10
MWp at various locations in the state of Bihar, India in accordance with MNRE/ SERC/
concerned distribution licensee norms.
1.2. The Bidder is advised to read carefully all instructions and conditions of this RFP and
understand the scope of work completely. All information and documents required as
per the RFP must be furnished with the bid. Nodal Agency reserves the right to seek
clarifications on submitted bids. Failure to provide the information and/or documents as
required shall render the Bid(s) unacceptable for further evaluation and may lead to
rejection of the bid(s). All bidders qualifying the technical stage shall be treated at par.
Financial Bid of the Bidder qualifying at technical stage only shall be opened.
1.3. Bidder shall be deemed to have examined the RfP, to have obtained information in all
matters whatsoever that might affect carrying out of works in line with the scope of work
specified in the RfP at the Bid price and to have satisfied himself of the sufficiency of his
Bid. The Bidder shall be deemed to know the scope, nature and magnitude of the works
and requirement of materials, equipment, tools and labour involved, wage structures
and as to what all works Power Producer shall have to complete in accordance with the
RfP, irrespective of any defects, omissions or errors that may be found in RfP. It is
assumed that Bidder has satisfied himself with the site conditions at the Premises of
Procurer and has assessed the quantum of work required to comply with the RfP and
PPA conditions.
2.6. Subsidy consideration for this Request for Proposal (RfP) will be available for a total
equivalent amount of 25% for all government buildings for grid connected solar power
plant. The subsidy amount shall be calculated as per prevailing MNRE benchmark
prices. The subsidy for each eligible project under project group will be disbursed, after
deduction of 3% by Nodal Agency towards its administrative charges.
2.7. For subsidy computation, the project capacity to be used shall be minimum of capacity
of solar panel or capacity of inverter.
2.8. Nodal Agency reserves the right to deduct admin charges from the successful bidder.
Successful bidders shall submit a Demand Draft amounting to the admin charges for the
respective project group at the time of LICA signing.
2.9. Nodal Agency shall communicate to Successful Bidder any change in PPA Capacity
within ten (10) Days from the submission of the site survey report and letter of request.
2.10. Submission of C-PBG shall be within fifteen (15) Days from the confirmation by
Nodal Agency on the PPA Capacity.
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Bihar Renewable Energy Development BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
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Request for Proposal (RfP)
Groups to meet the L1 Quoted Tariff of that particular Project Group. Before
offering Projects to any other Successful Bidder, Nodal Agency must assure that
a new Successful Bidder has at least one Project in the vicinity of the Projects for
which LICA was cancelled.
3.3.5. In case, any of the Successful Bidder of other Project Groups are not
interested in Projects, then Nodal Agency will take appropriate action in
discussion with Procurers.
3.3.6. At any point of time, if it is found that Successful Bidder of a Project Group is
non-compliant or is not signing the PPA for any specific type of Projects in a
Project Group, Nodal Agency may take strict action against the Successful
Bidder. It may lead to cancellation of all LICAs issued to that Successful Bidder
for Projects under such Project Group. Later, Nodal Agency shall offer remaining
Project to other Bidders in accordance with the procedure mentioned in article
36.14.
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Request for Proposal (RfP)
4.7.4. Bidders are required to sign their bids online using class – III Digital Signature
Certificate, they are advised to obtain the same at the earliest.
4.7.5. For further information regarding issue of Digital Signature Certificate, the
Bidders are requested to visit website http://www.eproc.bihar.gov.in. Please note
that it may take up to 7 to 10 working Days for issue of Digital Signature
Certificate. Nodal Agency will not be responsible for delay in issue of Digital
Signature Certificate.
4.7.6. If Bidder is going first time for e-tendering, then it is obligatory on the part of
Bidder to fulfil all formalities such as registration, obtaining Digital Signature
Certificate etc. well in advance.
4.7.7. Once the digital signatures are obtained, the Bidder should get the browser
settings done so that while using the e-procurement application Bidder is able to
use the digital signature which is mandatory for Bid participation. These settings
can be done through the details given on the portal or by calling the helpdesk.
Please ensure that these settings are done at the earliest.
4.7.8. Bidders are requested to visit our e-tendering website regularly for any
clarification and / or due date extension.
4.7.9. Bidder must positively complete online e-tendering procedure at
http://www.eproc.bihar.gov.in.
4.7.10. Department shall not be responsible in any way for delay /difficulties
/inaccessibility of the downloading facility from the website for any reason
whatever.
4.7.11. Interested Bidders may contact BREDA Office in Patna for any quires relating
to E-Tendering process.
4.7.12. Whosoever on behalf of the Bidder is submitting the tender by his Digital
Signature Certificate, shall invariably upload the scanned copy of the authority
letter, as well as submit the copy of same in physical form with the offer of
particular Bid.
4.7.13. After the final submission, Bidder should ensure that he has received the
acknowledgment slip and should keep this slip till opening of the Bid. If
acknowledgment slip is not generated, it means the Bid is not submitted.
4.8. The Bidders shall have to submit their Financial Bid and other required relevant
documents/ certificates, if any, online only (duly encrypted bids) as per time schedule
(Key dates) as mentioned in Clause 2.5. Technical bid containing original (downloaded)
RFP, relevant document/ certificates etc. duly sealed and signed and Bid Security
should reach to the office undersigned by the Key Dates.
4.9. For any type of clarification, bidders can visit http://www.eproc.bihar.gov.in and held
desk contact no. 1800-345-6204 and Mail id: breda@breda.in. Support timing from
Monday to Saturday between 10:00 AM to 7:00 PM.
5. ELIGIBILITY CRITERIA
5.1. General
5.1.1. The Bidder should be a body corporate incorporated in India under the
Companies Act, 1956 or 2013 including any amendment thereto or a Partnership
Firm having executed partnership deed and registered as per sections 58 & 59 of
the Partnership Act, 1932, as amended or a Limited Liability Partnership Firm
(LLP) registered under section 12 of Limited Liability Partnership Act, 2008, as
amended or registered Sole Proprietor. A copy of certificate of incorporation,
partnership deed or LLP/ Sole Proprietor registration, as applicable and relevant,
shall be enclosed with FORMAT 2. Bidder should provide detail of valid GST
registration certificate as per Technical Bid FORMAT. Bidder or any member of
Consortium/Joint Venture having been blacklisted by Nodal Agency or by any
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Request for Proposal (RfP)
Govt. /PSU, for whatever reasons, shall not be eligible/ allowed to participate in
this RFP. Bidder or Consortium/Joint Venture shall be ineligible for participation in
this RFP in following cases:
5.1.2. If Bidder or any member of Consortium/Joint Venture has not performed
satisfactorily in the Word Order(s) of Nodal Agency, leading to cancellation of
Work Order(s) of value more than or equal to twenty five percent (25%) of
cumulative value of Work Order(s) awarded in last five (5) Years.
5.1.3. If Bidder or any member of Consortium/Joint Venture is involved in litigation
or arbitration with Nodal Agency arising out of work completed or under execution
by it, of value more than or equal to twenty five percent (25%) of cumulative value
of Work Order(s) awarded in last five (5) Years.
5.1.4. The Bidder or any member of Consortium/Joint Venture should not have been
black listed by any government department, organization, agency, authority or
any public sector undertaking owned by the government, during the last three (3)
years as on date of bid submission.
6. TECHNICAL ELIGIBILITY CRITERIA
6.1. The bidder should have designed, supplied, installed & commissioned at least one (1)
number of solar rooftop power plant with a minimum capacity of 40 kWp and a
cumulative solar rooftop power plant capacity of 250 kWp commissioned in the last five
(5) years, prior to techno-commercial bid opening date.
6.2. Note:-
6.2.1 The bidders must submit documentary proof for technical eligibility certified by
State Nodal Agency, Distribution Company, SECI or any government
organization.
6.2.2 Bidder can use the technical strength of its Affiliate to fulfil the Technical
Eligibility Criteria mentioned in RFP.
7. FINANCIAL ELIGIBILITY CRITERIA
7.1. The Bidder should have minimum Net worth of INR zero point five (0.5) crore per MWp
of connected rooftop Solar PV Project for Project Group, subject to provisions of
SECTION IV. In case of Consortium/Joint Venture, Net worth should be fulfilled by Lead
member only.
7.2. The Computation of Net worth shall be based on latest unconsolidated audited annual
accounts but not older than two (2) Years. The formula of calculation of net-worth shall
be as per Companies Act 2013.
7.3. In relation to a Partnership Firm/ Limited Liability Partnership Firm, the Net-worth shall
be equal to Partner’s Capital in case of a Partnership Firm/ Limited Liability Partnership
Firm and Proprietor’s Capital Account in case of Sole Proprietor (including any
reserves).
7.4. The Bidder should have a minimum average annual turnover in the best of three (3) out
of five (5) financial years as INR 2 Cr/MW (subject to quote offered in the bid by the
bidder). The bidder must submit audited financial statement and balance sheet for last
five (5) years to this effect.
7.5. Note :-
7.5.1. All requisite documents, such as balance sheet, P&L account, schedules etc.,
duly certified by a Chartered Accountant (CA) and the Bidder, in support of Bidder
claim for meeting the financial eligibility criteria shall be required to be submitted.
7.5.2. It is essential to submit financial eligibility criteria requirement and undertaking
form as attached in FORMAT 8 and FORMAT 10 of this RFP document.
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10.2. Bid(s) that are incomplete in any respect or those that are not consistent with the
requirements as specified in this RFP or those that do not adhere to formats prescribed
herein, wherever specified, may be considered non-responsive. However, Nodal
Agency reserves the right to seek additional information/clarifications from the Bidders,
if found necessary, during the course of evaluation / processing of the Bid(s). Non-
submission or delayed submission of such additional information or clarifications sought
by Nodal Agency may be a ground for rejecting the Bid(s).
10.3. Each format has to be duly signed and stamped by the authorized signatory of the
Bidder. In case of a Consortium/Joint Venture, it has to be signed by representative of
the Lead Bidder. Strict adherence to the documents required to be submitted in
Envelope – I, as per Clause 11 shall be ensured, failure on this account may lead to
rejection of Bid.
10.4. The Bidder shall furnish documentary evidence in support of meeting eligibility
criteria as indicated in this RFP to the satisfaction of Nodal Agency and shall also
furnish unconsolidated/ consolidated audited annual accounts in support of meeting
financial requirement, which shall consist of unabridged annual accounts, profit and loss
account, profit appropriation account, auditor’s report, etc., as the case may be.
10.5. The Bidding Company should designate one person to represent the Bidding
Company in its dealings with Nodal Agency. The person should be authorized to
perform all tasks including, but not limited to providing information, responding to
enquires, signing of Bid etc. The Bidding Company should submit, along with Bid, a
Power of Attorney in original as per FORMAT 7, authorizing the signatory of the Bid.
11. CLARIFICATIONS AND PRE-BID MEETING
11.1. The Bidder may seek clarifications or request amendments to RFP in writing, through
a letter or by fax (and also soft copy by e-mail) to reach Nodal Agency at the address,
date and time mentioned in Bid Information Sheet.
11.2. The Bidder(s) or their authorized representative(s) is /are invited to attend pre bid
meeting(s), which will take place on date(s) as specified in Bid information Sheet, or any
such other date as notified by Nodal Agency.
11.3. The purpose of the pre-bid meeting will be to clarify any issues regarding the RFP
including in particular, issues raised in writing and submitted by the Bidder.
11.4. Nodal Agency is not under any obligation to entertain/ respond to suggestions made
or to incorporate modifications sought for.
12. BID DOCUMENTS
BID FORMATS: The Bid in response to this RFP shall be submitted by the Bidder in the
manner provided in the RFP. The Bid shall comprise of the following:
12.1. ENVELOPE- I (COVERING LETTER, BID PROCESSING FEE AND BID
SECURITY): The following documents are to be submitted in physical (hard copy):
12.1.1. Covering Letter as per prescribed FORMAT 1.
12.1.2. Bid Processing Fee
12.1.3. Bid Security of required value as mentioned in Clause 3.19, FORMAT 4, if
applicable;
12.2. ENVELOP- II (TECHNICAL DOCUMENTS): The following documents are to be
submitted in physical (hard copy):
12.2.1. Original power of attorney (on the stamp value of Rs.1000/-, as per FORMAT
7) issued by the Bidder in favour of the authorized person signing the Bid, in the
form prescribed in this RFP (Power of Attorney must be supplemented by Board
Resolution to above effect for the company incorporated under Company Act
1956 or Company Act-2013).
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offer or varying any term & conditions in regard thereof or not accepting Letter Inviting
Consent for Agreement (“LICA”), Nodal Agency shall forfeit the Bid Security furnished
by the Bidder. The date of issuance of LICA shall be intimated by the Nodal Agency to
the Successful Bidder. In exceptional circumstances when LICA is not issued, the Nodal
Agency may solicit the Bidder's consent to an extension of the period of Bid Validity
Period. In such circumstances, the Bid Security provided shall also be suitably
extended.
16. COST OF BIDDING
16.1. The Bidder shall bear all the costs associated with the preparation and submission of
his offer and Nodal Agency will in no case be responsible or liable for those costs, under
any conditions. The Bidder shall not be entitled to claim any costs, charges and
expenses of and incidental to or incurred by him through or in connection with
submission of Bid even though Nodal Agency may elect to modify/withdraw the
invitation of Bid.
17. BID SECURITY:
17.1. The Bidder shall furnish the interest free Bid Security of amount equal to INR 2.75
Lacs/MW for each Project Group.
17.2. Bidders placing Bid for more than one Project Group shall furnish individual Bid
Security desired for each Project Groups.
17.3. The Bid Security shall be from a nationalized/ scheduled bank in the form of Crossed
Demand Draft drawn in favour of “Bihar Renewable Energy Development Agency ”
payable at Patna,
OR
FDR in favour of Bihar Renewable Energy Development Agency, Patna through account
of bidder
OR
Bank guarantee as per prescribed format (FORMAT 4).
17.4. Desired Bid Security shall be furnished by every Bidder including MSMEs or any
Govt. / semi Govt. / PSU organizations/ agencies. The initial validity of Bid Security shall
be for a period of One hundred and eighty (180) Days from the Bid Deadline, which
shall be extended by the Bidder on the advice of Nodal Agency, if required, at any time
either before bid process is concluded or during Rate Validity Period of Agreement.
17.5. Bid Security shall be returned to all other Bidders except Successful Bidder, within
fifteen (15) Days from date of submission of C-PBG by the Successful Bidders or within
three (3) Months of opening of Financial Bid result, whichever is earlier.
17.6. The bid security for the successful bidder will be returned when the bidder
successfully commissions 25% of the indicated project capacity cumulatively or submits
C-PBG equivalent to 25% cumulatively the Bid Security shall be returned. The Bid
Security shall be denominated in Indian Rupees and:
17.6.1. Bid Security should be confirmed for payment to Nodal Agency by respective
banks.
17.6.2. Bid Security shall be submitted in its original form and copies will not be
accepted
17.7. For Successful Bidder of such Project Groups not submitting the Nodal Agency
administration cost, Bid security shall be forfeited of such Successful Bidders.
17.8. The Bid Security shall be forfeited without prejudice to the Bidder being liable for any
further consequential loss or damage incurred to Nodal Agency under following
circumstances:
17.8.1. If a Bidder withdraws/revokes or cancels or unilaterally varies his bid in any
manner during the period of Bid Validity Period specified in the RFP document.
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23.1.3. the imposition of a requirement for obtaining any Consents, Clearances and
Permits which was not required earlier;
23.1.4. change in any Consents, approvals or licenses available or obtained for the
Project, otherwise than for default of the Power Producer, which results in any
change in any cost of or revenue from the business of selling electricity by the
Power Producer to Procurer under the terms of this PPA;
23.1.5. a change in the terms and conditions prescribed for obtaining any Consents
or the inclusion of any new terms or conditions for obtaining such Consents;
except due to any default of the Power Producer;
23.1.6. any change in taxes, duties and cess or introduction of any taxes, duties and
cess made applicable for generation and sale/ supply of power by Power
Producer as per the terms of this PPA but shall not include: (i) any change in any
withholding tax on income or dividends distributed to the shareholders of the
Power Producer, or (ii) any change on account of regulatory measures by the
Appropriate Commission or (iii) change in the rates of existing taxes applicable to
the Power Producer or (iv) change in income taxes applicable for the Power
Producer
24. TAXES AND DUTIES:
24.1. The Financial Bid should include all taxes and duties etc., if any. Power Producer
shall be entirely responsible for all taxes, duties, license fees, etc. All taxes payable
shall be payable by the Power Producer. However, if any new change in tax/duty and
cess is effected in the period after the Bid Submission Deadline and any time during the
period of Agreement, the same will be passed on by the Power Producer to the Procurer
as determined by the Competent Authority.
25. IMPACT OF CHANGE IN LAW:
25.1. To evaluate impact of any change of laws in future, the rates applicable for each
component shall be considered in the ratio of:-
25.1.1. Material Component- 80% of the Benchmark cost
25.1.2. Erection, Installation and Commissioning (I&C) component- 20% of the
Benchmark Cost and
25.1.3. Yearly operational cost will be considered as 3% of the Benchmark cost
25.2. The Quoted Tariff would be adjusted as below based on the variations in the capital
cost and operational cost on account of change in taxes. Adjustment shall be allowed
only if the extent of variation in taxes is beyond the deviations specified in table below:
Variation due to change in Proportionate adjustments
taxes to the tariff
Capital Cost + 10% + 8%
(Adjustments will be
-10% -8%
considered only if the
change is more than 2.5%)
Operational Cost + 10% + 1%
(Adjustments will be made -10% -1%
only if change is more than
5%)
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Department, Government of Bihar. in force and issued by Project Director, Public Works
Department, Government of Bihar, amended from time to time;
26.2. The rates of additional civil work shall be as per at par the rates of Schedule of Rates
(SOR) for building works, Public Works Department, Government of Bihar , in force and
issued By Project Director, Public Works Department, Government of Bihar amended
from time to time;
26.3. The Rates of additional electrical work outside the premises shall be as per the
schedule of rates (SOR), at par, for electrical works, North Bihar Power Distribution
Company Limited , amended from time to time;
27. PROGRESS REPORT:
27.1. Power Producer shall have to commission the Project within nine (9) Months from the
Effective Date of PPA. The Power Producer shall submit monthly progress report to
Nodal Agency, in prescribed pro-forma to be designed in discussion with Power
Producer, for the period from signing of PPA to CoD. Nodal Agency will have the right to
depute his/their representatives to ascertain the progress at the premises of work of the
Power Producer.
28. FORCE MAJEURE:
28.1. For purpose of this RFP, force majeure shall mean an event beyond the control of
the Power Producer and not involving his fault or negligence and not foreseeable, in its
contractual capacity. Such events may include but are not restricted to Acts of God,
wars or revolutions, fires, floods, epidemics, quarantine restriction, fright embargoes,
site clearance, etc. Whether a force majeure situation exists or not, shall be decided by
Nodal Agency and its decision shall be final and binding on the Power Producer and all
other concerned.
28.2. In the event that the Power Producer is not able to perform his obligations under this
Agreement on account of force majeure, he will be relieved of his obligations during the
force majeure period.
28.3. If a force majeure situation arises, the Power Producer shall promptly notify Nodal
Agency in writing, not later than seven(7) Days from the date such situation arises (in
case, communication is not possible to Nodal Agency, Power Producer shall notify
Nodal Agency not later than one (1)Day from the day when communication system will
be restored). The Power Producer shall notify Nodal Agency not later than three (3)
Days of cessation of force majeure conditions. After examining the cases and
associated facts, Nodal Agency shall decide and grant suitable additional time for the
completion of the work, if required.
28.4. Failure of such Power Producer in timely intimating Nodal Agency will suspend its
right for any relief otherwise eligible under such force majeure conditions.
29. APPLICABLE LAW
29.1. The Agreement shall be interpreted in accordance with the laws of India.
30. SETTLEMENT OF DISPUTE
30.1. If any dispute of any kind whatsoever arises between Nodal Agency and the Power
Producer / Successful Bidder in connection with or arising out of the Agreement
including without prejudice to the generality of the foregoing, any question regarding the
existence, validity or termination, the parties shall seek to resolve any such dispute or
difference by mutual consent.
30.2. If the parties fail to resolve, such a dispute or difference by mutual consent, within
forty five (45) Days of its arising, then the dispute shall be referred by either party by
giving notice to the other party in writing of its intention to refer to arbitration conducted
under the provisions of the “ The Arbitration and Conciliation Act, 1996 ”. The decision
of Permanent Machinery for Arbitration (PMA) of the Department of Public Enterprise,
Government of India shall be final and binding up on the parties. The language of the
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arbitration proceedings and that of the documents and communications between the
parties shall be English. All the dispute will be settled in the High Court of Bihar, Patna.
No arbitration proceedings will commence unless such notice is given.
30.3. Notwithstanding any reference to the arbitration herein, the parties shall continue to
perform their respective obligations under the Agreement unless they otherwise agree.
30.4. Cost of arbitration shall be borne as per the award of the arbitration.
31. LANGUAGE:
31.1. All documents, drawings, instructions, design data, calculations, operation,
maintenance and safety manuals, reports, labels and any other data shall be in Hindi/
English Language. The Agreement and all correspondence between the Nodal Agency
and the Bidder shall be in Hindi/ English language.
32. OTHER CONDITIONS:
Power Producer has to obtain all the necessary approvals/Consents/Clearances required for
design, engineering, supply, installation, testing and commissioning including
Comprehensive O&M of the Project including connectivity to the licensee’s network. Nodal
Agency and the Procurer will extend possible cooperation to Power Producer in this regard.
However, the Power Producer shall be solely responsible for obtaining such
approvals/consents/clearances.
The Power Producer shall not transfer, assign or sublet the Project under the Agreement
pursuant to this RFP to any party other than lenders.
32.1. AMENDMENT
32.1.1. Nodal Agency reserves the right to modify, amend or supplement RFP
documents including all formats and annexures at any time. Interested and
eligible Bidder are advised to follow and keep track of Nodal Agency web-site for
updated information. No separate notifications will be issued for such notices/
amendments/ clarification etc. in the print media or individually. Nodal Agency
shall not be responsible and accountable for any consequences to any party.
32.2. SUCCESSORS AND ASSIGNS:
32.2.1. In case the Power Producer may undergo any merger or amalgamation or a
scheme of arrangement or similar re-organization and this PPA is assigned to any
entity partly or wholly, the PPA shall be binding mutatis mutandis upon the
successor, entities and shall continue to remain valid with respect to obligation of
the successor, entities.
32.3. SEVERABILITY:
32.3.1. It is stated that each paragraph, clause, sub-clause, schedule or annexure of
this contract shall be deemed severable, and, in the event of the unenforceability
of any paragraph, clause sub-clause, schedule or the remaining part of the
paragraph, clause, sub-clause, schedule annexure & rest of the contract shall
continue to be in full force and effect.
32.4. PRICE PREFERENCE:
32.4.1. There is no relaxation in terms of any conditions of the RFP or Processing
Fee or Bid Security or C-PBG or BG for any private company or State or Central
company/agency.
32.5. TAX EXEMPTIONS:
32.5.1. Nodal Agency will extend possible cooperation to Power Producer in availing
any tax exemptions. However, the responsibility of availing any such exemptions,
if any, would rest with the Power Producer.
32.6. FRAUD AND CORRUPTION
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32.6.1. The Power Producers, suppliers and contractors and their sub-contractors
under the contracts are required to observe the highest standard of ethics during
the procurement and execution of such contracts. In pursuance of this, the Nodal
Agency:
32.6.2. Defines, for the purpose of this provision, the terms set forth below as follows:
32.6.3. “corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another party;
32.6.4. “fraudulent practice” is any act or omission, including a misrepresentation,
that knowingly or recklessly misleads or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
32.6.5. “collusive practice” is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions of
another party;
32.6.6. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
32.6.7. “obstructive practice” is
32.6.8. deliberately destroying, falsifying, altering or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Nodal Agency’s investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation;
or
32.6.9. acts intended to materially impede the exercise of the Nodal Agency’s
inspection and audit rights.
32.6.10. will reject a proposal for award if it determines that the Bidder recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for the contract in
question;
32.6.11. will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at any time
determines that the firm has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing for, or in
executing, a contract; and
32.6.12. will have the right to require that the provision be included in Bidding
Documents and in contracts, requiring Bidders, suppliers, and contractors and
their sub-contractors to permit the Nodal Agency to inspect their accounts and
records and other documents relating to bid submission and contract performance
and to have them audited by auditors appointed by the Nodal Agency.
32.7. DEBARRED FROM PARTICIPATING IN NODAL AGENCY’S TENDER
32.7.1. Nodal Agency reserves the right to carry out the performance review of each
Bidder from the time of submission of Bid onwards. In case it is observed that a
Bidder has not fulfilled its obligations in meeting the various timelines envisaged,
in addition to the other provisions of the RFP, such Bidder may be debarred from
participating in Nodal Agency’s any future tender/ RFP for a period as decided by
the competent authority of Nodal Agency.
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36.3. For each Project Group, Eligible Bidder shall be ranked from the lowest to the highest
based on the Financial Bid submitted by the Bidder.
36.4. Eligible Bidder shall quote the First Year Tariff (“Quoted Tariff”) in the Financial Bid,
considering the provisions of escalation and format specified in Section VII. The Quoted
Tariff shall be calculated up to two (2) decimal places. The Bid shall be evaluated to
identify a maximum of three (3) Qualified Bidders for each Project Group, subject to the
provisions of clause 5.
36.5. Eligible Bidder with lowest Quoted Tariff for given scope of work under each Project
Group shall become the L1 Qualified Bidder, followed by the next lowest, i.e L2 and L3,
for a Project Group.
36.6. CAPACITY ALLOCATION
36.6.1. The L1 Qualified Bidder will be allocated an initial capacity equivalent to
Bidder Quoted Capacity (MW) capped at fifty percent (50%) of Project Group
Capacity.
36.6.2. The L2 and L3 Qualified Bidders, have to mandatorily match their respective
Quoted Tariff with lowest Quoted Tariff of L1, in order to avail residual capacity
from the Project Group (after initial capacity allocation to L1). This residual
capacity from the Project Group, will be equally divided and allocated amongst,
L1, L2 and L3 Qualified Bidders.
36.6.3. If L2 and/or L3 refuse to acknowledge price matching with lowest Quoted
Tariff of L1 Qualified Bidder, then L1 will be allocated all of its Bid Quoted
Capacity for respective Project Group
36.6.4. In case Project Group Capacity remains unallocated amongst Qualified
Bidders (L1, L2 and L3), the option for matching lowest Quoted Tariff of L1
Qualified Bidder shall be extended to L4, L5, and so on, till the residual Project
Group Capacity is completely allocated amongst such Qualified Bidders.
36.7. LICA shall be issued to such Qualified Bidders and they shall be declared as
Successful Bidders.
36.8. In case where two or more Eligible Bidders bid the same lowest Quoted Tariff for the
same Project Group, Eligible Bidder with highest Net worth shall be declared as L1
Qualified Bidder.
36.9. The date of issuance of LICA shall be intimated by the Nodal Agency to the
Successful Bidder.
36.10. If Successful Bidder fails to acknowledge the same, submit the C-PBG and sign the
PPA as per the provisions of 3, the Nodal Agency reserves the right to annul/cancel the
LICA to Successful Bidder.
36.11. In such cases, the Project can be awarded to other Bidders in accordance with the
procedure mentioned in 36.14.
36.12. Nodal Agency at its own discretion, has the right to reject any or all the Bid without
assigning any reason whatsoever.
36.13. In case, within the Bid Validity Period, any organization or entity proposes to have
Project under RESCO mode (who is not present in ANNEXURE I), Nodal Agency shall
offer new Project to Eligible Bidder of the Project Group with firstly similar type of
Procurer and then size of the Project, at the same Quoted Tariff.
36.14. In case, L1 did not accept the offer, Nodal Agency shall offer new Project to L2 at L1
Quoted Tariff only. In case L2 rejects the offer, then Nodal Agency shall offer the new
Project to next Eligible Bidder in that Group, based on their Financial Bid. Nodal Agency
shall continue to do the same until they find a new L1 Bidder. Nodal Agency shall have
a choice to go beyond L5 in search of Successful Bidder, if required, but it is not an
obligation.
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36.15. Note:
36.15.1. Similar type of Procurer means, if earlier procurer is Health Department entity,
than the new Procurer must be a Health Department entity;
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39. Envelop II
S.No. Particular Format Copy
No. Attached
1. Power of Attorney in favour of authorised signatory, on 7 Yes / No
requisite value of stamp paper (Rs. 1000/-).
2. Board Resolution in support of power of attorney in - Yes / No
favour of authorized signatory (applicable for
companies)
3. General Particulars 2 Yes / No
4. Bidder's composition and ownership structure 3 Yes / No
(applicable for companies)
5. Declaration for Eligibility Criteria Requirement 8 Yes / No
(Financial)
6. Format For Certificate Of Relationship in case of 9 Yes / No
Affiliate (if applicable)
7. Certificate of Incorporation - Yes / No
8. Undertaking Form 10 Yes / No
9. Consortium/Joint Venture Agreement (If applicable) 12 Yes / No
10. Declaration 13 Yes / No
11. Board Resolution/power of attorney in favour of Lead 7 Yes / No
Bidder (if applicable)
12. RFP Document Sealed and Signed along with the - Yes / No
corrigenda and addenda (If any)
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Note:
1. Quoted Tariff must be applicable for sale of Solar Power to Procurer from Initial Part
Commissioning to the end of first Operational Year. Bidder to provide the Quoted
Tariff up to 2 decimal places.
2. Quoted Tariff shall be escalated by 3% at the start of each Operational Year (second
Operational Year onward) till the Expiry Date;
3. All measurement and calculation of tariff after escalation for each Operational Year
shall be done up to two (2) decimal places, with the third digit of five (5) or above
being rounded up and below five (5) being rounded down.
4. The above Quoted Tariff is inclusive of any applicable taxes. However, if any new
change in tax/duty is effected in the period after the Bid Deadline and any time during
the period of Agreement, the same will be passed on by the Power Producer to the
Procurer.
5. Further, for clarification, PPA shall be signed for individual Projects under Project
Group but Quoted Tariff shall remain the same for all Projects under Project Group.
However, it shall be applicable in accordance with respective dates of part
commissioning/ full COD, as the case may be.
6. On availing state subsidy as per Article 37, the Quoted Tariff after escalation for each
operation year will be adjusted as per Schedule 1, in compliance with BERC Case
No-SMP-29/2018.
Tariff Schedule Tariff Adjustment
Operational
Quoted Schedule (on availing
Year
(Rs/kWh) subsidy) (Rs/kWh)
1 0.57
2 0.58
3 0.60
4 0.62
5 0.64
6 0.66
7 0.68
8 0.70
9 0.72
10 0.74
11 0.76
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12 0.78
13 0.81
14 0.83
15 0.86
16 0.88
17 0.91
18 0.94
19 0.96
20 0.99
21 1.02
22 1.05
23 1.08
24 1.12
25 1.15
Schedule 1: Tariff and subsidy adjustment schedule as per BERC Case No-SMP-
29/2018
Note:
Levelized Tariff defined by BERC (and its subsequent orders) at the time of Bid Submission
shall be kept into perspective while evaluating financial bids.
AUTHORIZED SIGNATORY
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(The covering letter should be on the Letter Head of the Bidder/ Lead Member of
Consortium/Joint Venture)
Ref. No._____________ Date: ___________________
From: Insert name and address of Bidder)
Tel.:__________ Fax:__________
E-mail address:_____________
To: Director
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar
Sub: Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems aggregating to about 10 MWp under RESCO Model at
various locations in the state of Bihar with RFP No
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19
Dear Sir,
We, the undersigned ________________ [insert name of the Bidder] having read,
examined and understood in detail the Request for Proposal (RFP) for Standardization of
Rates for work of Design, Engineering, Supply, Installation, Testing and Commissioning
Including Comprehensive Operation & Maintenance (for twenty five (25) Operational
Years for Sale of Solar Power aggregating to about ___ (in words) MWp under RESCO
Model at various locations in the state of Bihar, India., hereby submit our Bid comprising of
Financial Bid. We confirm that neither we nor any of our Affiliate has submitted Bid other
than this Bid directly or indirectly in response to the aforesaid RFP.
We give our unconditional acceptance to the RFP No.
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19,
dated 11.03.2019 and RFP attached thereto, issued by Bihar Renewable Energy
Development Agency, as amended. As a token of our acceptance to the RFP, the same
have been initialled by us and enclosed to the Bid. We shall ensure that we execute such
RFP as per the provisions of the RFP and provisions of such RFP shall be binding on us.
Project Groups
We are pleased to submit our bid for the following Project Groups as mentioned in table
below:
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We undertake that we have satisfied ourselves with the site conditions of the projects and
our proposed Financial bid takes into consideration the existing site conditions.
Contact Person
Details of the contact person are furnished as under:
Particulars Description
Name
Designation
Company
Address
Phone Nos.
Fax Nos.
E-mail address
We are enclosing herewith the Envelope-I (Covering letter, Processing fee and Bid
Security) and Envelope-II (Technical documents) containing duly signed formats, each
one duly sealed separately, in one original as desired by you in the RFP for your
consideration.
It is confirmed that our Bid is consistent with all the requirements of submission as stated
in the RFP and subsequent communications from Bihar Renewable Energy Development
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Agency. The information submitted in our Bid is complete, strictly as per the requirements
stipulated in the RFP and is correct to the best of our knowledge and understanding. We
would be solely responsible for any errors or omissions in our Bid. We confirm that all the
terms and conditions of our Bid are valid for acceptance for a period of one hundred and
eighty (180) Days from Bid Deadline. We confirm that we have not taken any deviation so
as to be deemed non-responsive.
Dated the _____ day of___________2018
Thanking you,
We remain,
Yours faithfully,
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_____________________________
(Signature of Authorized Signatory)
With Stamp
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Name of the Equity Type and Number of % of equity holding Extent of Voting
holder shares owned rights
_______________________________
(Signature of Authorized Signatory) With Stamp
________________________________
(Signature of Company Secretary/Director/Chartered Accountant)
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to take any action in any court or arbitral proceedings against the Bidder, to make any
claim against or any demand on the Bidder or to give any notice to the Bidder or to
enforce any security held by Nodal Agency or to exercise, levy or enforce any distress,
diligence or other process against the Bidder.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rupees [Insert amount] (Rupees [Insert amount] only) and it shall remain in
force until [Date to be inserted on the basis of this RFP] with an additional claim period of
thirty (30) Days thereafter. We are liable to pay the guaranteed amount or any part thereof
under this Bank Guarantee only if Nodal Agency serves upon us a written claim or
demand.
______________________
Power of Attorney No.
For [Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
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Producer / Project Company, to make any claim against or any demand on the Power
Producer or to give any notice to the Power Producer / Project Company or to enforce any
security held by Nodal Agency or to exercise, levy or enforce any distress, diligence or
other process against the Power Producer / Project Company.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rupees [Insert amount] (Rupees [Insert amount] only) and it shall remain in
force until we are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only if Nodal Agency serves upon us a written claim or demand.
__________________
Signature
Name
Power of Attorney No.
For
[Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
Witness:
___________________
Signature
Name and Address_____________________
____________________
Signature
Name and Address_____________________________
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WITNESS
_______________________
(Signature)
Name______________________
Designation ____________________________
______________________________
(Signature)
Name __________________________
Designation________________________
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Bihar Renewable Energy Development BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
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Request for Proposal (RfP)
Dear Sir,
Sub: Selection of Bidders for Implementation of Grid Connected Rooftop Systems
aggregating to about 10 MWp under RESCO Model at various locations in the state of
Bihar in response to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19. dated: 11.03.2019
We submit our Bid for which details of our Financial Eligibility Criteria Requirements are as
follows.
Net worth of Indian Rupees __________ Lakh computed as per instructions provided in
this RFP based on unconsolidated audited annual accounts (refer Note-1 below). The
relevant financial statement for respective years shall be enclosed, duly signed by
authorised signatory.
Financial Criteria
(fill as applicable)
Name of Entity Net worth (INR
Financial Year to be met as per
being evaluated Lakh)
Table 1 (Clause
3.9.3)
Note:
The bidders shall declare in undertaking (Format-11) the criteria on which they fulfil the
financial eligibility as per the provisions of this RFP.
Yours faithfully
_____________________
(Signature and stamp of Authorized Signatory of Bidder)
Name:_______________
Date:________________
Place: _________________
___________________________
(Signature and stamp (on each page) of Chartered Accountant/Statutory Auditors of
Bidder.
Name:_____________________
Date:_______________________
Place:______________________
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Notes:
Audited consolidated annual accounts of the Bidder may also be used for the purpose of
financial criteria provided the Bidder has at least 26% equity in each company whose
accounts are merged in the audited consolidated accounts and provided further that the
financial capability of such companies (of which accounts are being merged in the
consolidated accounts) shall not be considered again for the purpose of evaluation of the
Bid.
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Bihar Renewable Energy Development BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
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Request for Proposal (RfP)
To,
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar
Dear Sir,
Sub: Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems for an aggregated capacity of about 10 MWp under RESCO
Model at various locations in the State of Bihar
We hereby certify that M/s___________, M/s___________, M/s__________ are the
Affiliate(s) of the Bidder as per the definition of Affiliate as provided in this RFP and based
on details of equity holding as on seven (7) Days prior to the Bid Deadline.
The details of equity holding of the Affiliate /Bidder or vice versa as on seven (7) Days
prior to the Bid Deadline are given as below:
a) In case of Bidder being Company/ LLP/ Partnership Firm/ Sole – Proprietor:
Name of Company/ LLP/ Partnership Firm/ Sole – Proprietor Name of the Affiliate
Details of
Equity Holding
OR
b) In case of Bidder being Consortium/Joint Venture
Name of Member of Consortium/Joint Venture Name of the Affiliate Details of
Equity Holding
Yours Faithfully
______________________________
(Insert Name and Signature of Statutory Auditor or practicing Company Secretary of the
Bidder/ Member of Consortium/Joint Venture)
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Bihar Renewable Energy Development BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
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Request for Proposal (RfP)
Name:_______________
Full Address:__________________
Telephone No.: E-mail address: Fax/No.:_______________________
To,
___________________
Dear Sir,
We refer to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19 dated: 11.03.2019 for Request for Proposal (RfP) for Selection of
Bidders for Implementation of Grid Connected Rooftop Systems under RESCO Model at
various locations in the State of Bihar.
We have carefully read and examined in detail the RFP regarding submission of an
undertaking, as per the prescribed Format at Annexure of the RFP.
We confirm that M/s (Insert name of Bidder) has been authorized by us to use our
financial capability for meeting the Financial Eligibility as specified in the RFP referred to
above in terms of Net worth.
We have also noted the amount of the Performance Guarantees and Bid Security required
to be submitted as per the RFP by (Insert the name of the Bidder) in the event of it being
selected as the Power Producer.
In view of the above, we hereby undertake to you and confirm that in the event of failure of
(Insert name of the Bidder) to submit the Performance Guarantees and Bid Security in full
or in part at any stage, as specified in the RFP, we shall submit the Performance
Guarantee and Bid Security not submitted by (Insert name of the Bidder)”.
We also undertake that we shall maintain our ownership in M/s___________ (insert name
of bidder) at minimum 26% for period of one (1) Year from COD, subject to provisions of
Clause 3.3b). (in case of affiliate)
We have attached hereto certified true copy of the Board Resolution, whereby the Board
of Directors of our Company has approved issue of this Undertaking by the Company.
All the terms used herein but not defined, shall have the meaning as ascribed to the said
terms under the RFP.
________________________
Signature of Chief Executive Officer/Managing Director
Common seal of has been affixed in my/our presence pursuant to
Board of Director’s Resolution dated
WITNESS
______________________
(Signature)
Name_______________
Designation_________________
____________________
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Request for Proposal (RfP)
(Signature)
Name______________
Designation________________
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Witnesses;
Party No.1
1.
Party No.2
2.
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THIS JOINT BIDDING AGREEMENT is entered into on this ___ day of _____ 2017.
BETWEEN
{_______________________________, party on First Part of Consortium/Joint Venture}
and having its registered its registered office at_______________________ (Hereinafter
referred to as the “First Part” or “Lead Member” which expression shall, unless repugnant
to the context include its successors and permitted assigns)
AND
________________________________ Having its registered office at
__________________________________________________________.(Hereinafter
referred to as the “Second Part” or “Member” which expression shall, unless repugnant to
the context include its successors and permitted assigns) The above mentioned parties of
the First and Second Part are collectively referred to as the “Parties” and each is
individually referred as a “Party”
WHERE AS,
i. Bihar Renewable Energy Development Agency (hereinafter referred to as the “Bihar
Renewable Energy Development Agency” which expression shall, unless repugnant to the
context or meaning thereof, include its administrators, successors and assigns) has
invited applications (the “Applications”) by its RFP No: RFP No:
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19 dated: 11.03.2019
for award of the rate contract/ work under “Selection of Bidders for Design, Engineering,
Supply, Installation, Testing and Commissioning Including Insurance, Warranty, Spare
Parts and Operation &Maintenance of Grid Connected Roof Top Solar PV Projects for
Sale of Solar Power under RESCO Model at Various Locations in the State of Bihar
(hereinafter called “Project”) and Selection of Bidders for the same.
ii. The Parties are interested in jointly bidding for the Project as members of
Consortium/Joint Venture in accordance with the terms and conditions of the RFP
document and other bid documents in respect of the Project, and
iii. It is a necessary condition under the RFP document that the members of the
Consortium/Joint Venture shall enter into a Consortium/Joint Venture agreement and
furnish a copy thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
Definitions and Interpretations
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In this agreement, the capitalized terms shall, unless the context otherwise require, have
the
Meaning ascribed thereto under the above mentioned RFP.
1. Consortium/Joint Venture
The Parties do hereby irrevocably constitute a Consortium/Joint Venture (the
“Consortium/Joint Venture”) for the purposes of jointly participating in the Bidding Process.
The Parties hereby undertake to participate in the Bidding Process in a Project Group as
per Table 1 of this RFP, only through this Consortium/Joint Venture and not individually
and/ or through any other Consortium/Joint Venture constituted for this RFP, either directly
or indirectly or through any of their Affiliate(s).
2. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described
below:
a) The parties agree to submit bid as Consortium/Joint Venture for following
Project Groups: Project Group Participation*(Yes / No)
A.
B.
*Note: Bidder shall mention ‘Yes’ corresponding to Project Groups it wants to bid and
clearly mention ‘No’ for Project Groups where it does not intend to bid
b) Only First Part shall be evaluated for qualification against technical eligibility criteria as
per RFP.
c) First Part shall have the power of attorney from all Parties for conducting all business
for and on behalf of the Consortium/Joint Venture during the Bidding Process and after its
selection as Successful Bidder.
d) First Part would be responsible and obligated for successful execution of all work
awarded to them by Bihar Renewable Energy Development Agency and in no
circumstances the same shall be the responsibility of Second Part. Pursuant to selection
of Successful Bidder as per criteria delineated in the RFP, all obligations as per RFP shall
be borne by the First Part.
e) Second Part shall work in accordance with roles and responsibilities assigned to them
by First Part as a part of their internal understanding.
f) Parties have agreed and documented clearly stated roles and responsibilities between
First Part and Second Part for execution of work awarded by Bihar Renewable Energy
Development Agency.
g) Subject to the terms of this agreement, the share of each Member of the
Consortium/Joint Venture in the “issued equity share capital” shall be in the following
proportion: (if applicable)
Name of Member Proposed % Equity holding
Lead Member (At least 50%)
Member 1
3. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the date of validity period of Award and further in accordance with the LICA
subsequently issued if bid arrives as successful. However, in case the Consortium/Joint
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Venture is either not pre-qualified for the Project or does not get selected for Award of the
work, the Agreement will stand terminated in case the Applicant is not pre-qualified.
4. Miscellaneous
This Joint Bidding Agreement shall be governed by laws of India. The Parties
acknowledge and accept that this Agreement shall not be amended by Parties without the
prior written consent of the Bihar Renewable Energy Development Agency. Party of First
Part would decide on the representative of Consortium/Joint Venture at Bihar Renewable
Energy Development Agency.
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FORMAT 14. FORMAT FOR BANK GUARANTEE (BG) FOR ADVANCE SUBSIDY
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accordingly Nodal Agency shall not be obliged before enforcing this BANK GUARANTEE
to take any action in any court or arbitral proceedings against the selected Power
Producer / Project Company, to make any claim against or any demand on the Power
Producer or to give any notice to the Power Producer / Project Company or to enforce any
security held by Nodal Agency or to exercise, levy or enforce any distress, diligence or
other process against the Power Producer / Project Company.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rupees _________ (Rupees __________ only) and it shall remain in force
until we are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only if Nodal Agency serves upon us a written claim or demand.
__________________
Signature
Name
Power of Attorney No.
For
[Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
Witness:
___________________
Signature
Name and Address_____________________
____________________
Signature
Name and Address_____________________________
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Request for Proposal (RfP)
ANNEXURE I
ANNEXURE II
1. Loan Amount and type of facility available:
1.1. Term Loan is available for up to 70% - 75% of the Project Cost only and subject to
project specifications.
1.2. For projects upto 1 MW capacity per borrower, term loan will be available upto 80%
of project cost.
1.3. SBI may provide need based working capital against receivables.
1.4. Need based NFB (LC/BG) facility.
2. Loan Repayment Period:
2.1. Door to Door tenor of Max 15 Years (comprising construction, moratorium and
repayment period).
Or
Loan tenor may be allowed upto 80% of the tenor of PPA/lease agreement,
whichever is lower.
2.2. For projects upto 1 MW capacity per borrower, repayment period would be Door to
door tenor up to ten years or 80% of tenor of PPA, whichever is lower.
2.3. Moratorium Period can be given upto 12 months from COD, within the overall Door
to Door tenor of 15 years. However, for project upto 1 MW capacity, moratorium
would be upto six months from DCCO.
3. Borrower’s Guarantee:
3.1. In case of Sole Proprietorship / Partnership Firm / Company, personal guarantee of
Proprietor / partners / directors to be obtained.
3.2. In case of Special Purpose Vehicle (SPVs) / Associates / Subsidiaries, Corporate
Guarantee of sponsor may be explored.
4. Rate of Interest:
4.1. Interest rate proposed for the Projects depends on the risk rating of Successful
Bidder with one year re-set as mentioned in below table.
Risk rating of Borrower Proposed Interest Rate (Linked to
current 1 Y-MCLR) with one year re-
set.
SB1 to SB3 or ECR AAA Current MCLR + 20 bps (spread)
SB4 or ECR AA+ Current MCLR + 25 bps (spread)
SB5 or ECR AA Current MCLR + 30 bps (spread)
SB6 or ECR AA- Current MCLR + 35 bps (spread)
SB7 or ECR BBB+ Current MCLR + 40 bps (spread)
SB8 or ECR BBB Current MCLR + 45 bps (spread)
SB9 to SB10or ECR BBB- Current MCLR + 50 bps (spread)
CRA below hurdle rate or Current MCLR + 90 bps (spread)
ECR with BB(-) : acceptable
only for existing connections
with the bank
5. Insurance:
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5.1. Project asset charged to the Bank shall be insured comprehensively against the
appropriate risks, including force majeure events both during and after the
construction period, till the term of loan is outstanding with the suitable bank clause
incorporated.
5.2. An open/comprehensive workmen insurance policy is also to be obtained for the
workers engaged for installation as well as O &M at the Project site. Also, third party
insurance to cover any damage to third party/public due to collapse/fire/accidents
etc.
6. Compliance of Environmental, Health, Safety and Social (EHSS) Impacts, Pre-setup
clearance/approvals and statutory Clearances and PPA:
6.1. Compliance of EHSS guidelines prescribed in ‘Operation Manual’, on the subject, is
to be ensured.
6.2. Pre-set up clearance/approval from State Agency/State Electricity Board/ Discom,
as the case may be, to be in place.
6.3. The required Project PPA/clearances/ approvals (as applicable) should be in place,
before disbursement of 1st tranche for each individual loans under the overall
sanctioned credit facility.
Note: All the above information are crucial for Commercial and Integration (C &I) Project
Group and above information has to be considered as additional information.
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ANNEXURE III
PPA is uploaded separately.
[Status] Page 54